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Minutes for CC REGULAR

SPECIAL MEETING - JULY 9, 2013

BE IT REMEMBERED, that on this 9th day of July A.D., 2013, there was begun and held a SPECIAL MEETING of the Honorable Commissioners’ Court of Hidalgo County, Texas, wherein the following members thereof were present, to-wit:

HONORABLE RAMON GARCIA

HONORABLE A.C. CUELLAR, JR.

HONORABLE HECTOR "TITO" PALACIOS

HONORABLE JOE M. FLORES

HONORABLE JOSEPH PALACIOS
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

COMMISSIONER, PRECINCT NO. 2

COMMISSIONER, PRECINCT NO. 3

COMMISSIONER, PRECINCT NO. 4

and ARTURO GUAJARDO, JR., COUNTY CLERK & EX-OFICIO CLERK OF THE COMMISSIONERS’ COURT of Hidalgo County, Texas, wherein the following proceedings were had, to-wit:

AGENDA
CC REGULAR
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
July 9, 2013
9:30 A.M.
                                          

NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a SPECIAL MEETING of the Commissioners' Court will be held at the Edinburg Council Chambers 415 W. University Drive, Edinburg, Hidalgo County, Texas. Discussion and possible action relating to the following business will be transacted:

 
1.
 
Roll Call

All members of the Court were counted present.
 
2.
 
Pledge of Allegiance

Felix Rodriguez led the Donna Veteran of Foreign Post in the presentation of the Colors and led the Court and Audience in reciting the Pledge of Allegiance.
 
3.
 
Prayer
Virginia Townsend led the Court and Audience in Prayer.
 
4.
 
Approval of Consent Agenda
Th
e Court moved to approve the Consent Agenda.
 
5.
 
Open Forum
-Opal Billman discussed surveys that were to be done to her home, title owners of her home, made up contracts,etc.
-Fern McClaugherty questioned the creation/deletion of various positions, RMA, $20 Vehicle Registrion Fees, etc.
-Karina Cardoza, on behalf of Commissioner Cuellar, invited everyone to attend the groundbreaking of Mile 2 West Project on Friday, July 12, 2013 in Mercedes.
-Karina Cardoza read a letter of appreciation addressed to the Commissioners Court on behalf of Judge Carlos Villalon, Jr. with the Child Protection/Welfare Court.
 
6.
 
County Judge's Office:
 
A.
 
Report on bills before the Texas Legislature of interest to Hidalgo County

Bobby Villareal informed the Court and Audience that the Govenor will be doing the ceremonies for the merging of the two universities @ 9:30 at the Pan Am Studen Union Theatre.

NO ACTION taken on this item.
 
B.
AI-39499
Discussion and approval of the Transportation Project and Pledge Agreement with Hidalgo County Regional Mobility Authority (HCRMA)
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve the Transportatin Project and Pledge Agreement in the amount of $10.00 for thirty (30) years for the Vehicle Registration Fee.

Vote: 5 - 0 - Unanimously

 
C.
AI-39501
Discussion on upcoming I-69 Alliance events

Bobby Villareal commented that there would be an unveiling in Harlingen and Pharr on the upcomng I-69 Alliance.
 
D.
AI-39536
Resolution - 2013 Veterans Salute - Honoring All Who Served

Hilda Salinas read the Resolution into the Record.
 

On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

Attachments:
 
7.
 
Executive Officer - Valde Guerra:
 
A.
 
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024(A) (4) "a Professional Service" for the "provision of legal services/representation in connection with litigation."

On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve the exemption as it pertains to CL-13-2038-D; Rosa Medina Lugo, Relator vs. Judge Gilberto Saenz, as listed on the Addendum.
Vote: 4- 0 - Unanimously


2. Requesting engagement with the firm of Atlas & Hall & Rodriguez for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval as it pertains to CL-13-2038-D; Rosa Medina Lugo, Relator vs. Judge Gilberto Saenz, as listed on the Addendum.

Vote: 4 - 0 - Unanimously

 
B.
 
Presentation for discussion, consideration and action (if necessary) including, but not limited to the following:
1) Renovations to Former Administration Building 1st and 2nd Floors
2) Update on Courthouse Portable Building Project, other ongoing county owned building construction and renovation repair projects
3) Emergency situations occurring since last agenda meeting

NO ACTION taken on items 7.B.1, 2 & 3.
 
C.
AI-39462
Approval to accept settlement Money Order from Javier F. Hernandez in the amount of $65.00 to settle auto accident with County vehicle. (Sheriff Office)
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

 
D.
AI-39463
Approval to accept settlement check from USAA General Indemnity Company in the amount of $469.10 to settle auto accident with County vehicle. (Precinct 1)
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

 
E.
AI-39495
Approval to accept settlement check from Endeavor General Insurance Agency in the amount of $2,558.77 to settle auto accident with County vehicle. (Precinct 1)
 
F.
AI-39508
National Association of Counties:
Approval to appoint Ramon Garcia, County Judge as voting delegate and appoint Larry Gallardo, Constable Pct. 3 as an alternate to NACO
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to appoint Judge Ramon Garcia as delegate and appoint Constable Larry Gallardo as alternate to NACO.

Vote: 5 - 0 - Unanimously

Attachments:
 
8.
 
Fire Marshal's Office - Juan Martinez:
 
A.
AI-39228
Recognition of Fire Marshal's Office Employee, Senior Deputy Fire Marshal Tommy Ureste for receiving the Sole Texas International Association of Arson Investigators "Jack Sneed" Fire Investigator of the Year Award 2012/2013, for outstanding performance in the field of Fire/Arson Investigations and Public Education.

Senior Deputy Fire Marshal Tommy Ureste was recognized as Fire Investigator of the Year for 2012/2013.
 
 
B.
AI-39230
Discussion, Consideration, and Action for the Appointment of the following Auxiliary Fire Marshal Personnel for the purposes of the Certification Commissions: Under Authority of LGC 352.011 (Section A). Approval to Appoint: Victor Ramirez and John O'Valle.
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval to appoint Victor Ramirez and John O'Valle as Auxiliary Fire Marshal Personnel.

Vote: 5 - 0 - Unanimously

Attachments:
 
9.
 
Constables:
 
A.
AI-39327
Constable Pct. #2:
Acceptance of Constable Martin "Marty" Cantu's proof of Texas Peace Officer License in accordance with Texas Local Government Code 86.0021.

Commissioner Joseph Palacios stepped away.
 

On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

Attachments:
 
B.
AI-39312
Constable Pct. #4:
Acceptance of Constable J.E. "Eddie" Guerra's proof of Texas Peace Officer license in accordance with Texas Local Government Code 86.0021
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

Attachments:
 
10.
 
District Courts:
 
A.
AI-39255
449th District Court:
Requesting approval of the following claim/invoice with authority for the County Treasurer to issue payment/check after review, audit and processing procedures are completed by the County Auditor.
Vendor Invoice Date Amount
Merab Alexandra Rodriguez 6/7/13 $210.00
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

Attachments:
 
11.
 
Human Resources - Esther Cortez:
 
A.
AI-39275
County Clerk's Office (1100):
1. Approval to create the following temporary full time position:

Slot # Position Title Proposed Budgeted Salary
T017 Assistant Deputy County Clerk $ 10,400.00 per year/$10.00 per hour

2.  Approval of revised salary schedule.

Funding concerns and breach in policy were expressed by the Auditor's Office. Mrs. Muniz clarified that this position would be providing assistance with the hail storm cases and explained that funding would come from the Record Archives. Mrs. Muniz explained that this position was already in place, but that the position had expired.
 

On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve items 11.A.1 & 2.

Vote: 5 - 0 - Unanimously

 
B.
AI-39279
Sheriff's Office (1100):
1. Approval to create the following full time position:

Slot # Position Title Proposed Budgeted Salary
0415 Quality Assurance Inspector $ 55,000.00

2. Approval of revised salary schedule.

Commissioner Hector Palacios stepped away from the Court.
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve items 11.B. 1 & 2.

Vote: 4 - 0 - Unanimously

 
C.
AI-39427
Sheriff's Office (1100):
1. Approval to remove clothing allowance as follows, effective next full pay period, 07/15/13.

Slot #
Position Title Budgeted
Amount (Allowance)
0343 (Sr) Deputy Sheriff (Step II) $500.00
0238 Deputy Sheriff (Step II) $500.00
0157 (Sr) Deputy Sheriff (Step III) $500.00
0225 (Sr) Deputy Sheriff (Step I) $500.00
0077 (Sr) Deputy Sheriff (Step IV) $500.00
0083 (Sr) Deputy Sheriff (Step IV) $500.00
0126 (Sr) Deputy Sheriff (Step III) $500.00
0019 Lieutenant (Step II) $500.00
 
On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0


2. Approval to authorize clothing allowance as follows, effective 07/15/13:

Slot # Position Title Budgeted
Amount (Allowance)
0024 Sergeant (Step I) $500.00
0068 Deputy Sheriff (Step II) $500.00
0117 (Sr) Deputy Sheriff (Step IV) $500.00
0202 (Sr) Deputy Sheriff (Step I) $500.00
0219 (Sr) Deputy Sheriff (Step II) $500.00
0223 Deputy Sheriff (Step II) $500.00
0229 Deputy Sheriff (Step II) $500.00
0233 (Sr) Deputy Sheriff (Step I) $500.00
 
3. Approval of revised salary schedule.
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve items 11.C.2 & 3.

Vote: 4 - 0

 
D.
AI-39418
TxCDBG Disaster Recovery (1288)
1.  Approval to create the following full time position:

Slot # Position Title Proposed Budgeted Salary
0003 UCP Coordinator II $ 44,583.00

2.  Approval of revised salary schedule.

Commissioner Hector Palacios joined the meeting.
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve items 11.D.1 & 2.

Vote: 5 - 0 - Unanimously

 
E.
AI-39414
Constable Pct. # 2 (1100):
1.   Approval to create the following full time position:
Slot No. Position Title Budgeted Salary
0015 Sergeant (step 1) $47,359.00
 
2.   Approval of revised salary schedule. 

NO ACTION taken on items 11.E.1 & 2.
 
F.
AI-39417
Pct 1 Administration & Rd Maintenance (1200): 
1.  Approval of the following personnel actions:
Action Prgm. Slot No. Position Title Budgeted Salary
Delete Rd Admin 0012 Administrative Assistant IV $49,440.00
Create Rd Maint 0140 Assistant Field Operations Director $49,440.00

2.  Approval of interdepartmental transfer.
3.  Approval of revised salary schedule.
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote to approve items 11.F.1, 2 & 3.

Vote: 5 - 0 - Unanimously

 
G.
AI-39429
Pct 4 (1200):
1.   Approval of the following personnel actions:
Action Slot No. Position Title Budgeted Salary
Delete 0060 Technician III $ 37,359.00
Create 0078 Administrative Assistant IV $ 35,254.00

2.   Approval of revised salary schedule.

Linda Fong, with the Auditor's Office, asked the Court if the policy should be brought back for clarifications and exemptions pertaining to Grant Funding, expired positions, etc. Sergio Cruz, Budget Officer, stated that he would bring back the policy, with revisions as requested by the Court.
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote to approve items 11.G.1 & 2.

Vote: 5 - 0 - Unanimously

 
12.
 
Sheriff's Office:
 
A.
AI-39422
Requesting approval for reimbursement to Chief of Staff Patricia Medina in the amount of $40.01 due to paying for fuel expense out of her pocket after U.S. Voyager gas card did not work.
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

 
B.
AI-39435
Authorization and approval of cell phone upgrade plan through the County's membership/participation under Contract #DIR-SDD-1780 through Sprint.
Quantity Service Plan Amount
47 Business Advantage Unlimited Messaging & Unlimited Data 200 $45.59
47 Premium Data Charge  $10.00
  Estimated Monthly Rate for (47) Cell Phones: $2,612.73
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

 
13.
 
Tax Office - Paul Villarreal:
 
A.
AI-39235
Approval to process the following invoices as claims for AT&T account#:  956-584-7501 447 9 in the total amount of $101.21 with authority for County Treasurer to issue payment after review & auditing procedures are completed.
For the month of: Amount
February  $20.26
March $20.26
April $20.21
May $20.22
June $20.26
Total $101.21
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

 
14.
 
Health & Human Services Department - Eddie Olivarez
 
A.
 
Discussion and/or action, including but not limited to Indigent Health Care Program and 1115 Waiver and/or Expenditures

NO ACTION taken on this item.
 
B.
AI-39431
Requesting approval of the attached Interlocal Agreement between Hidalgo County (Health & Human Services Dept. ) and Donna I.S.D.  The Health & Human Services Dept. staff will provide training and certification on food handling to employees from Donna I.S.D.
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

 
C.
AI-39484
1.  Requesting approval to submit renewal grant application for the TB State program for FY 14 in the amount of $674,793.00.  This grant requires a twenty percent local funding match. 

On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously

2.  Requesting approval to submit renewal grant application for the TB Federal program for FY 14 in the amount of $279,480.00.  This grant requires a twenty percent local funding match.
 

On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval to submit the renewal grant application for the TB Federal Program, with 20% cash match.

Vote: 5 - 0 - Unanimously

 
D.
AI-39485
1. Approval of Order Creating the Hidalgo County Health Care Funding District.

Eddie Olivarez read the Resolution into the Record.
Virginia Townsend commented that she did not want more taxes.

On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve the Hidalgo County Health Care Funding District.
Vote: 5 - 0 - Unanimously


2. Approval of Order Adopting Rules and Procedures of the Hidalgo County Health Care Funding District.

On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve the Order Adopting Rules and Procedures of the Hidalgo County Health Care Funding District.
Vote: 5 - 0 - Unanimously

Commissioner Flores stepped away.


3. Approval and Authority to publish Notice of a Public Hearing on the amounts of mandatory payments the Commission of the Hidalgo County Health Care Funding District intends to require during the year and how the revenue derived from those payments is to be spent.

Commissioner Flores joined the meeting.

On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIOUS vote of approval to publish the Notice of a Public Hearing.
Vote: 4 - 0 Unanimously

 
 
15.
 
Emergency Management - Oscar Montoya:
 
A.
 
Status update on the Water Irrigation Allotment

The Court was informed that there would be a referrendum on the election ballot in November to approve transfer of monies from the Rainy Day Funds to a Swift Account in order to to assist with projects pertaining to water conservation.
 
16.
 
Facilities Management:
 
A.
AI-39267
Approval of application for credit with Terra Building Products, needed in order to purchase supplies from vendor, with authority for Valde Guerra, Executive Officer to sign documents 

Commissioner Cuellar  stepped away.
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
B.
AI-39476
Approval of Commercial Container Contract with the City of Edinburg - Solid Waste Management for Courthouse Grounds, 100 N. Closner, Edinburg, Texas
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

Attachments:
 
17.
 
IT Department - Renan Ramirez
 
A.
AI-39448
Authorization to purchase wireless service and devices through the County's membership/participation with Contract: DIR-SDD-1779 with Verizon Wireless for the following:

Department: Qty: Description: User: Service Plan: Equipment Total:
Comm. Pct. 2 1 Cell Phone County Wide Shop Office Use Nationwide Talk Small Business Shr Primary 1400 @ $61.60/mo + $5.00/txs/fees = $66.60 X 6 (July-Dec 2013) = $399.60 Samsung Convoy 2 @ $0.
Comm. Pct. 2 1 Cell Phone County Wide Shop Office Use Nationwide Talk Small Business Shr Secondary 1400 @ $9.99/mo + $5.00/txs/fees = $14.99 X 6 (July-Dec 2013) = $89.94 Samsund Convoy 2 @ $0.
Urban County 2 Data Cards Office Use Unlimited Mobile Broadband Plan @ $37.99/mo + $5.00/txs/fees = $42.99 X 6 (July-Dec 2013) = $257.94 X 2 = $515.88 MIFI4620LE @ $0.
Fire Marshal 5 Data Cards Office Use Unlimited Mobile Broadband Plan @ $37.99/mo + $5.00/txs/fees = $42.99 X 6 (July-Dec 2013) = $257.94 X 5 = $1,289.70 MIFI4620LE @ $0
Fire Marshal 4 Data Cards Office Use Unlimited Mobile Broadband Plan @ $37.99/mo + $5.00/txs/fees = $42.99 X 6 (July-Dec 2013) = $257.94 X 4 = $1,031.76 4G LTE USB Modem @ $0.


Commissioner Cuellar joined the meeting.
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

 
18.
 
HIDTA - Task Force - Dora Munoz:
 
A.
AI-39293
Approval to process invoice as a claim in the amount of $30.44 to Verizon Wireless with authority for County Treasurer to issue check after auditing procedures are completed by County Auditor.
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

Attachments:
 
B.
AI-39282
1. Authorization and approval to accept Award Grant No. G13SS0002A (Supplemental), between Hidalgo County and the Executive Office of the President-Office of National Drug Control Policy in the amount of $356,567.00 for the grant period of 01/01/2013 to 12/31/2014.
2. Approval of certification of revenues, as certified by the Hidalgo County Auditor for the HIDTA Task Force Grant.
3. Approval of appropriation of funds for the Hidalgo County HIDTA Task Force in the amount of $356,567.00.

Commissioner H. Palacios stepped away.
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote to approve items 18.B.1, 2 & 3.

Vote: 4 - 0 - Unanimously

 
19.
 
Urban County - Diana Serna:
 
A.
AI-39243
Requesting approval to re-authorize Urban County Program Director to approve certain Change Orders on Urban County Projects

Commissioner J. Palacios and Commissioner H. Palacios stepped away.
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

 
B.
AI-39231
Urban County Program, on behalf of the City of Penitas, is requesting approval of a best and final negotiated contract for professional architectural services with Alcocer Garcia Associates, Inc. in the amount of $6,400.00 utilizing Year 25 (2012) Urban County funds for public facility improvements at the city’s Public Library located at 1100 South FM 1427 in Penitas, Texas.
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

 
C.
AI-39420
Consideration and approval to submit Amendment Request No.3 which includes a Performance Statement Amendment, a Budget Amendment and an Implementation Schedule Amendment to the General Land Office (GLO) Contract No. 12-406-000-6453/ DRS210068.

Commissioner J. Palacios joined the meeting.

Ms. Serna for the Record
: This is related to a Pct. 1 Project in which the Border Colonia Access Program will participate in providing pavement and drainage improvements.
 
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
D.
AI-39412
The Urban County Program is requesting the award of bids and approval of contract for the demolition and reconstruction of the following:

1. (1) Unit in the City of Alamo and (2) units in the City of Mercedes in the amount of $131,020.00 to G & G Contractors.
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
E.
AI-39244
Requesting approval to Re-authorize Urban County Program Director to sign and execute contracts and agreements after Hidalgo County Commissioners’ Court approval as they relate to all Hidalgo County Urban County Program projects included in the Annual Consolidated Plan.
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
F.
AI-39246
Requesting Re-Designation of Urban County Program Director as Certifying Officer Designee for Environmental review Procedures for entities assuming HUD Environmental responsibilities (CDBG, HOME, ESG, COLONIA, TDHCA, TDRA, GLO Program and etc.).
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
G.
AI-39248
Requesting approval to Re-Authorize Urban County Program Director to sign and execute Loan Agreements, Rehabilitation Contracts, Promissory Notes, Release of Real Estate Liens on Property that have
met the established Affordability Periods, and CHDO Agreements , as they relate to the Home Program.
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
H.
AI-39406
Requesting authority to transfer $50,000 from the FY 2012 HOME Owner-Occupied Rehabilitation Program – Program Income line item to the FY 2012 Home Buyer Assistance Program
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
20.
 
Elections Administration - Yvonne Ramon:
 
A.
 
Vote Center Selection Committee Update

Commissioner Hector Palacios joined the meeting.

NO ACTION taken on this item.
 
B.
AI-39273
Requesting approval for the following claim/invoice with authority for the County Treasurer to issue payment/check after review, audit and procedures are completed by the County Auditor.

Invoice Date Vendor Description Amount
05/02/13 Time Warner Cable Additional Outlet $115.33
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

Attachments:
 
C.
AI-39404
1.Discussion and approval of Appointment of Democratic Presiding Election Judges and Alternate Election Judges for the August 1, 2013 through the July 31, 2015 term.
2. Discussion and approval of Appointment of Republican Presiding Election Judges and Alternate Election Judges for the August 1, 2013 through the July 31, 2015 term.

NO ACTION taken on items 20.C.1 & 2.
Attachments:
 
D.
AI-39387
Requesting approval of the following claim/invoice with authority for the County Treasurer to issue payment/check after review, audit and processing procedures are completed by the County Auditor

INVOICE DATE VENDOR DESCRIPTION AMOUNT
6/12/13 Alejandro Lopez county gas card didn't work on way back from Denton County $40.01
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

Attachments:
 
E.
AI-39303
Requesting approval of the following claim/invoice with authority for the County Treasurer to issue payment/check after review, audit and processing procedures are completed by the County Auditor.

Invoice Date Vendor Description Amount
05/01/13 Hacienda Ford For Labor $30.50
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

Attachments:
 
21.
 
TX. Agri-Life Extension Services:
 
A.
AI-39309
1.  Requesting approval to process the following AT&T invoices as a claim with authority for County Treasurer to issue check after auditing procedures are completed by County Auditor.

Vendor Account No. Billing Date Amount
AT&T 019-174-8219-001 May 19, 2013 $19.06
AT&T 019-174-8219-001 June 19, 2013 ($12.79) credit
Total amount due: $6.27

2.  Requesting for Commissioners Court to approve Texas A&M AgriLife Extension Service be added to the DIR Contract through AT&T.
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote to approve items 21.A.1 & 2.

Vote: 5 - 0 - Unanimously

Attachments:
 
22.
 
Planning Department - Raul Sesin:
 
A.
AI-39330
1. Preliminary Approval
a. Eduardo’s No. 12 Subdivision – Pct. 3 (Diana Izaguirrez)
b. Concho Heights Subdivision – Pct. 4 (Kyndel Bennett)
c. San Joaquin Subdivision – Pct. 1 (Herb Scurlock)
d. Villa Rama Phase 6 Subdivision – Pct. 3 (Rick Martin)
e. Loma Verde No. 3 Subdivision – Pct. 4 (Kyle Ruppert)
f. San Pablo Subdivision – Pct. 4 (Tillmin Welch)

On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, JR., the Court made a UNANIMOUS vote to approve items 22.A.1.a through f, subject to comments by departments prior to final.
Vote: 5 - 0 - Unanimously


2. Final Approval
a. Salida Del Sol Estates Phase 6 Subdivision – Pct. 3 (Mario Flores)

Commissioner Flores for the Record: Mario Flores is of No Relation.

On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously


b. Buenos Aires Subdivision – Pct. 1 (Noe Salazar)

On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously


3. Final Approval with Financial Guarantee
a. Le Vendicion Ranch Subdivision – Pct. 4 (Michael Baldwin)
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

 
B.
AI-39347
1. Reimbursement of Cash Deposit
a. Las Estrellas Phase I – Pct. 3 (CWL Limited)

On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously


b. Las Estrellas Phase III – Pct. 3 (CWL Limited)

On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously


c. Las Estrellas Phase IV – Pct. 3 (CWL Limited)
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

 
C.
AI-39452
Discussion and Possible Action of adoption of Proposed Salvage Yard Order
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval., effective July 9, 2013.

Vote: 5 - 0 - Unanimously

 
23.
 
Precinct #1 - Comm. Cuellar:
 
A.
AI-39461
1. Consideration and approval to purchase easement on a certain tract of land described as Parcel J.C. Engelman Subdivision, Sections 262 and 263, Lots 4 and 5 for the Delta West Subdivision Drainage Improvement Project.

On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously


2. Consideration and approval on “Waiver of Appraisal Report” on a certain tract of land described as Parcel No.1 – J.C. Engelman Subdivision, Sections 262 and 263, Lots 4 and 5 for the Delta West Subdivision Drainage Improvement Project.

NO ACTION taken on this item.
Attachments:
 
24.
 
Precinct #2 - Comm. H. Palacios:
 
A.
AI-39453
Presentation and Update on McColl Road Project by Mr. Valente Olivarez, TXDOT Area Engineer.

Mr. Olivarez thanked the Court for their assistance and discussed the various projects within each commissioners' precinct explained the default with contractor on project in Pct. 2, and discussed the completion time on projects. 
 
B.
AI-39454
1. Approval of Resolution by the County of Hidalgo to enter into a Project Sponsoring Agreement with the Texas Department of Transportation for the review of environmental documents developed by Hidalgo County Pct. #2 for the Dicker Road Project (23rd St. to Jackson Road).

On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously


2.  In Accordance with Section 791.014 of the Texas Government Code, requesting approval to serve as project sponsor for a highway project and prepare an environmental review document.

On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously


3.  Approval of interlocal agreement between The Texas Dept. of Transportation and The County of Hidalgo for the Dicker Road Project.
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

 
25.
 
Precinct #3 - Comm. Flores:
 
A.
AI-39287
Requesting approval to process the following invoice as claim with authority for County Treasurer to issue payment after review, audit and processing procedures are completed by County Auditor.
Vendor Invoice # Amount
Radio Shack 203446 23.49
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

Attachments:
 
26.
 
Budget & Management - Sergio Cruz:
 
A.
AI-39297
Discussion and action of Economically Disadvantaged County (EDC) Program Application and Affidavit for FM 2220 from Mile 5 to FM 1924 - CSJ: 2094-01-038 
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

 
B.
AI-39516
 Approval of Resolution Authorizing Termination of Paying Agent/Registrar Services and Approving New Paying Agent/Registrar for the County of Hidalgo Outstanding Obligations and Approving Other Matters Incident Thereto.

Sergio Cruz, Budget Officer, informed the court that BBVA has withdrawn as paying agent for the Certificates of Obligation 2002, 2004, 2006, 2007 and 2005 Refunding Series.
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote to approve the Bank of New York Mellon as new paying agent for said series, subject to Bond Counsel and Auditor's Office review.

Vote: 5 - 0 - Unanimously

 
27.
 
Purchasing Department - Marty Salazar:
Notes:
A. FOR ANY CONTRACT(S) AWARDED AND APPROVED UNDER THIS AGENDA, EXECUTED COPIES OF THE CONTRACT(S) WILL BE AVAILABLE ON THE COUNTY INTRA-NET WEBSITE AND WILL BE FOWARDED VIA E-MAIL, FAX OR HAND DELIVERED TO HIDALGO COUNTY AUDITOR'S OFFICE.

B. ANY AND ALL REQUESTS FOR PAYMENT(S) APPROVED WILL BE SUBJECT TO COUNTY AUDITORS PROCESSING PROCEDURES INCLUDING AUTHORITY FOR COUNTY TREASURER TO ISSUE PAYMENT(S)/CHECK(S).
 
A.
 
Hidalgo County
 
1.
AI-39234
Requesting authority to advertise and approval of procurement packet (i.e., specifications - requirements, legal notice, revised insurance requirements  and draft contract etc.) as attached hereto for - Hidalgo County - Constable Precinct 4-  Security Guard Services- RFB 2013-100-07-24-YZV". Including the authority to re-advertise project in the event that no bids are received and/or are rejected and project is still required.
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

 
2.
AI-39458
Acceptance and approval to execute the final form of a Professional Engineering Agreement with L&G Engineering, for "On Call Services-MPO and HCRMA , Traffic Studies County Wide Projects,"as approved for negotiations on CC 6/11/13.
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve the Professional Engineerig Agreement with L&G Engineering.

Vote: 5 - 0 - Unanimously

 
3.
AI-39123
a.  Presentation of scoring/evaluation grid (for the purposes of ranking by Commissioner's Court) of sole participant submitted in response to the Request for Proposals for:  Actuarial Consulting Services for Part I-GASB 43 and/or 45 OPEB Valuation Analysis and Part II- Health Benefits Reserve Analysis"-Hidalgo County RFP No. 2013-022-05-01-CGA;

On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve with Ellis & Lewis, Inc.
Vote: 5 - 0 - Unanimously

b. Authority for Purchasing Department to negotiate a letter engagement including (Best and Final Offer) with the sole participant for "Actuarial Consulting Services for Part I-GASB 43 and/or 45 OPEB Valuation Analysis and Part II- Health Benefits Reserve Analysis"-Hidalgo County RFP No. 2013-022-05-01-CGA.
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval to negotiate a letter of engagement with Ellis & Lewis, Inc.

Vote: 5 - 0 - Unanimously

 
4.
AI-39383
Presentation for award of sole responding-qualifying vendor (ThyssenKrupp Elevator Americas) that  submitted a bid  and met all specifications, and requirements  with approval of contract for Hidalgo County-Facilities Management-Maintenance and Repair for Elevators located in County Owned Buildings" ( RFB  No. 2013-020-06-19-YZV).
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve with ThyssenKrupp Elevator Americas.

Vote: 5 - 0 - Unanimously

 
B.
 
Pct. 2
 
1.
AI-39457
Acceptance and approval to execute the final form of AIA Agreement with ERO Architects, (as approved for negotiation on CC 03/05/13) in connection with the construction of "Precinct No. 2 New Field Operations Shop."
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

Attachments:
 
C.
 
IT Department:
 
1.
AI-39441
Requesting approval to enter into agreement with Paymentech, LLC on behalf of JPMorgan Chase Bank, N.A. to provide electronic payment services for E-Filing System.

Martha Salazar, Purchasing Agent, explained that the Office of Court Administration has some guidelines that they want imposed as part of the agreement, but as of yet have not finished the guidelines.

On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously

Steve Crain, Legal Counsel, and Michael Garza, with the District Attorney's Office, both stated that they have not reviewed the agreement.  

Ms. Salazar continued to clarify the urgency of this matter as requested by the County Clerk's and District Clerk's Offices and the need to start transition from the old vendor to the new vendor. She stated that the actual agreement will later be brought back for review and approval by Court.

On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval to recind previous action.
Vote: 5 - 0 - Unanimously

On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval, subject to review by Atlas & Hall.
Vote: 5 - 0 - Unanimously
 
D.
 
Sheriff's Office
 
1.
AI-39456
Acceptance and approval to execute the final form of a Professional Structural Engineering Agreement with Chanin Engineering, for "Law Enforcement/Adult Detention Facilities  Roof & Related Repairs Project"as approved for negotiations on CC 3/26/13.
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

Attachments:
 
28.
 
Closed Session:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071 & 551.072 to discuss the following:
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval to go into Closed Session.

Vote: 5 - 0 - Unanimously

 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
AI-39513
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Venus - Tax Abatement.

NO ACTION taken on items 28. A through C.
 
29.
 
Open Session:
 
A.
 
Real Estate Acquisition and appropriation for same

NO ACTION taken on this item.
 
B.
 
Pending and/or potential litigation

NO ACTION taken on this item.
 
C.
AI-39514
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Venus - Tax Abatement.

NO ACTION taken on this item.
 
30.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

NO ACTION taken on this item.
 
31.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

NO ACTION taken on this item.
 
32.
 
Adjourn
 

On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval to Adjourn.

Vote: 4 - 0 - Unanimously

There being no further business to come before said

Court, the meetings of the Commissioners' Court and the

Drainage District #1 Board are now hereby adjourned.


Dated this the 9th day of July, 2013

ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas


By: ______________________________
Priscilla Torres, Deputy


I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on July 9, 2013.

Signed this    12th   day of    July    2013




ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County


By: ____________________________
(Seal) Priscilla Torres, Deputy